Ms. Zuzana Fiserova - EJTN

Rules on direct jurisdiction are included infollowing EC/EU RegulationsRegulation Brussels I: Council Regulation (EC) No 44/2001 of 22 December 2000 onjurisdiction and the recognition and enforcement of judgments in civil and commercialmatters• New Regulation Brussels I: Regulation (EU) No 1215/2012 of the European Parliament andof the Council of 12 December 2012 on jurisdiction and the recognition and enforcement ofjudgments in civil and commercial matters (applicable from 10 January 2015).Regulation Brussels IIa (IIbis): Council Regulation (EC) No 2201/2003 of 27November 2003 concerning jurisdiction and the recognition and enforcement ofjudgments in matrimonial matters and the matters of parental responsibility, repealingRegulation (EC) No 1347/2000Maintenance obligations: Council Regulation (EC) No 4/2009 of 18 December 2008on jurisdiction, applicable law, recognition and enforcement of decisions and cooperationin matters relating to maintenance obligationsSuccessions and Wills: Regulation (EU) No 650/2012 of the European Parliament andof the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcementof decisions and acceptance and enforcement of authentic instruments in matters ofsuccession and on the creation of a European Certificate of Succession (applicable from17 August 2015)Insolvency proceedings: Council regulation (EC) No 1346/2000 of 29 May 2000 oninsolvency proceedings (being currently revised)2

EU instruments containing rules onrecognition and enforcement of judgments incivil matters (continuation)Being currently negotiatedRegulation (EU) No …/2013 of the European Parliament and of the Councilon mutual recognition of protection measures in civil mattersProposal for a Regulation of the European Parliament and of the Councilcreating a European Account Preservation Order to facilitate cross border debtrecovery in civil and commercial matters5

Jurisdiction: Criteria on which the jurisdictioncan be basedDomicile, Residence, Habitual residence (Common / first / last / atthe time of death), Nationality (Common), Place of theperformance of the obligation in question, Place where theharmful event occurred or may occur, …Jurisdiction of courts of the Member State where… x Jurisdictionof the court for the place where…Alternative criteria x Cascade of criteria6

Jurisdiction (continuation)General provisions - special jurisdiction – exclusive jurisdictionProrogation of jurisdiction (Choice of court)Jurisdiction based on the appearance of the defendantSubsidiary jurisdictionForum necessitatisLimit on proceedingsExamination as to jurisdiction - Examination as to admissibilityLis pendens7

Related issuesNew legislative trendsPositions of Denmark, United Kingdom and Ireland in thefield of EU Civil lawRelations of EC/EU Regulations with existing internationalconventions and agreementsExternal competence of Member States as to individuallyenter into negotiations of new international instruments inthe field of civil law8